Caring for Melbourne Nanny Agency may change these Terms and Conditions at any time using our discretion and without notice. By using our service you accept, and agree to abide by each as follows:
“Agency” refers to Caring for Melbourne Nanny Agency
“Casual Booking Fee and Permanent Placement Fee” means the relevant fee payable to the Agency for the Services as set out in Clause 5.
“Carer” means any person introduced by the Agency to the Client
“Client” means the client named on the Client Application Form for whom the Agency has agreed to provide the Services in accordance with these Conditions.
“Client Application Form” means the form to which these Conditions are annexed.
“Terms and Conditions” means the terms and conditions of supply of Services as set out herein and any subsequent terms and conditions agreed in writing by the Agency and the Client.
2.1 The Agreement between the Agency and the Client for the provision of the Services, incorporating these Conditions, shall only come into force when the Agency confirms acceptance of the Client Application Form agreeing to the Terms and Conditions
3. Supply of Services
3.1 The Agency will take all reasonable steps to introduce Carers to the Client who are of sound character, honest and reliable but cannot be held responsible for the conduct of a Carer either before or during the Client’s engagement of the Carer. Whilst our Carers are covered by Public Liability insurance the Agency accepts no liability for any loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the Carer.
3.2 Time for commencement shall not be of the essence of the Agreement and the Agency shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.
4. Responsibilities of the Client
4.1 The Client shall specify in the Client Application Form their exact requirements and provide full details of the type of work and period of care for which the Carer is required.
4.2 The Client shall pay the appropriate Agency Fee’s as set out in Clause 5.
4.3 The Agency shall obtain references from each Carer but it is the responsibility of the Client to be satisfied as to the suitability of any Carer.
4.4 The Client shall make all Bookings directly to Caring for Melbourne Nanny Agency
4.5 To avoid breaching the Terms and Conditions no bookings are to be made directly with the Carer. Should this responsibility be ignored the Carer is legally obligated to inform the agency and the relevant fees will be charged to that Client.
4.6 If the Carer does not inform Caring for Melbourne Nanny Agency they will be in breach of the terms and conditions and may result in termination of the arrangement with the agency
4.7 The Client agrees there is a minimum 3 hour booking fee payable to the Carer from Monday – Thursday and 4 hours on Friday – Sunday
4.8 The Client agrees to pay Petrol and parking fees where applicable
4.9 Cancellations need to be made 12hrs prior of shift commencing, otherwise Cancellation fees will be applied
5.1 All bookings require a Booking Fee which is non refundable.
It will only be refunded if the Carer cancels and Caring for Melbourne Nanny Agency cannot offer a replacement
5.2 Booking fees will be paid directly to the Carer who will then remit this to the agency.
5.3 The Client shall pay the invoiced amount at the conclusion of each shift for all casual bookings. The amount set out in the Tax invoice is payable immediately in cash to the Carer. This will include the booking fee and any additional fuel and parking costs.
5.4 For Permanent placement by the Client of a Carers employment the Agency shall send an invoice to the Client setting out the Permanent Placement fee which is payable by the Client within 7 working days or before commencement of the start date (whichever comes first). This is notwithstanding a cancellation by the Client unless the offer of employment is withdrawn more than 7 days prior to the agreed commencement date of employment.
5.5 If any invoice is not paid when due, the Agency can withhold start date of a Carer
5.6 If the Client has to delay the commencement of the Carers employment position no refund of the Permanent placement fee shall be payable
6. Free Replacement/Refund Policy for engagement of Carers
6.1 If the Carer does not commence employment with the Client after accepting an offer of employment or if the Carer leaves the employment of the Client within two months of commencing such employment (other than as a result of the Client breaching terms of the contract of employment between the Client and the Carer or a result of the Client’s dismissal of the Carer other than on just and reasonable grounds) then the following provisions shall apply:
6.2 The agency shall make further introductions to the Client at no further charge for a replacement of the Carer who has not taken up or who has left the Client’s employment within an eight week period. Alternatively if unable to offer a suitable replacement within 3 weeks, will offer a refund based on the following:
Nanny Leaves within 2 weeks: 60% Refund
Nanny Leaves within 4 weeks: 40% Refund
Nanny Leaves within 8 weeks: 10% Refund
6.3 These provisions shall only apply if the Client has paid the appropriate permanent placement fee and any other charges under this agreement in full.
6.4 These provisions shall only apply if the Client has notified the Agency in writing within seven working days of the Carers failing to take up the employment or leaving the Client’s
7.1 The Agency accepts no liability for any loss, damage, expense or compensation suffered or incurred of any nature by the Client, arising directly or indirectly from an act or omission by any Carers introduced to the Client by the Agency
7.2 Caring for Melbourne Nanny Agency acts as an agent for the Client, not as an Employer of any Carers
7.3 The Client is responsible for current employment legislation where applicable. This may include a work place insurance policy for Carers earning more than $7,500, deducting PAYG tax on behalf of the Carer, contributing to nominated super fund for an employee if they’re 18 years or over and you pay them $450 or more (before tax) in salary or wages in a month or provide holiday and sick leave.
7.4 Your Carer has paid a premium to be covered by insurance. If for any reason you decide to make a claim the agency must be contacted within 24hrs of the situation occurring.
You will be required to obtain 3 written quotes and send them through to the agency. The Client will be responsible for the $1000 excess payment.
7.5 If the damages are found to be less than $1000 Caring for Melbourne Nanny Agency cannot assist you with the claim. In this situation it is suggested you make the claim through your own home insurance policy which may have a lower excess.
7.6 Caring for Melbourne Nanny Agency and it’s Carers will not be liable for any indirect or consequential loss of damage arising from engagement of a Carer by a Client
7.7 It is the Client’s responsibility to check vehicle insurance and child safety constraints and that they are installed correctly and to your satisfaction. Caring for Melbourne Nanny Agency holds no responsibility for this.
7.8 The Client is responsible for supplying a written contract between themselves and the Client for employment positions
7.9 It is not the responsibility of Caring for Melbourne Nanny Agency to ensure all of these requirements have been met.
8.1 All information provided by either party to the other, including but not limited to any personal details relating to the Carer or the Client, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation.
8.2 The passing on by the Client of any information to a third party which results in that third party employing or engaging a Carer from Caring for Melbourne Nanny Agency shall render the Client liable for payment to the Agency. The relevant Agency Fee under terms of this Agreement will be seen as if the Client had employed the Carer rather than the third party.